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A Wife's Rights

by HassanandHabibah @ 19/01/06 - 17.47:47

Allah (swt) says in the Quran:

"And among His Signs is this, that He created for you spouses from among yourselves, that you may dwell in peace and tranquillity with them, and he has put love and mercy between your hearts: truly in that are Signs for those who reflect intelligently." (Surat ar-Room:21)

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Our Holy Prophet (Sal lallahu alayhi was sallam) said,
“Whoever gets married has completed half of thier deen (Islam); therefore, let them fear Allah in the other half” (Al-Bayhaqi)

Allah subhana-hu wa-ta'alaa says in the Holy Qur'an:
"And among His signs is this: that He created for you mates from among yourselves, that you may dwell in tranquility with them. And He has put affection and mercy between you. Verily in this are indeed signs for people who reflect intelligently"
[ar-Rum 30:21]

WOMENS' RIGHTS

Our Prophet Muhammad (saw) said: "Women are twin halves of men." (Kanz)

and said:
“O people, your wives have a certain right over you and you have certain rights over them. Treat them well and be kind to them for they are your partners and committed helpers.” (Tirmidhi)

Besides this natural disposition of mutual love, both the husband and the wife have been given distinct rights. Allah, Most Exalted has said that:
"And they (women) have rights (over their husbands) similar (to those over their husbands) over them to what is reasonable, but men have a degree (of responsibility) over them" (al Baqarah 2:228)

Explaining this verse, the famous companion of our prophet (saw) Ibn Abbas (radhialiaho anho) said,
"I truly adorn myself for my wife the same as she adorns herself for me. Also I would not ask her to fulfill all the rights which she owes me, so that it would become binding upon me to fulfill all the rights which I owe her"

This is how Ibn Abbas - one of the people of Paradise - understood the relationship between the husband and wife. He understood how many rights his wife had over him and that is why he feared that if he were to ask for all the rights which his wife owed him, then she too, in turn, would ask for all her rights and he would not be able to fulfil them.

The extra degree of men referred to in the above Quranic verse neither implies superiority of men, nor suggests any excellence in terms of the life hereafter.
The following Quranic revelation conveys this reassurance:
"Verily men who submit [to Allah] and women who submit,
and men who believe and women who believe,
and men who are obedient and women who are obedient,
and men who speak the truth and women who speak the truth,
and men who are patient and women wo are patient
and men who are humble and women who are humble,
and men who give charity and women who give charity,
and men who fast and women who fast,
and men who guard their modesty and women who guard their modesty,
and men who remember Allah much and women who remember Allah,
Allah has prepared for all of them forgiveness and a vast reward."

(Quran 33:35).

In fact there are many subtleties in the previous divine statement. As again explained by Abduliah bin Abbas (ra) that
"It simply suggests that men should have greater forbearance towards women. The implication is that should women be remiss in discharging the rights of men, it is expected that they would tolerate such lapses but not fall short themselves in fulfilling the rights of women."
Another compainion Jabir (ra) narrates that the Prophet (saw) also gave these instructions in his sermon during the Farewell Pilgrimage.
“Fear Allah regarding women; for you have taken them (in marriage) with the trust of Allah."

Abu Huraira (radhialiaho anho) reported Allah's messenger as saying, "The believers who show the most perfect faith are those who have the best disposition and the best of you are those who are best to their wives " (Tirmidhi)

HOMEMAKING IS LIKE JIHAD

The Prophet (saw) has said;

"Helping wives (in their domestic work) earns (men) the reward of sadaqah" (Kanz)

Narrated by Al-Aswad (ra): I asked A'isha (radhiallaho anha),
"What did the Prophet (sallallaho alaihi wasallam) do at home? "
She said,
"He used to the housework for his family and when he heard the call for the prayer, he would go out." (Sahih al-Bukhari)

For me it is sadaqah, but for women the Prophet (saw) has said;
"Homemaking raises the station of a woman to the level of those who make Jihad “ (Kanz)

RESPONSIBILITY OF THE HUSBAND

Allah (swt) says in the Quran:
“Live with them in kindness; even if you dislike them, perhaps you dislike something in which Allah has placed much good. (Quran 4:19)

The Prophet (saw) has said:
"The best among your wives is the one who is chaste and loves her husband (assuming he is not a sinful opressor)" (Kanz)

A companion said, "Oh Prophet! I have a wife, When I meet her she says, 'Welcome my dear chief, chief of my household. ' When she finds me in a sad mood she says, 'Why worry about this world when the provision for your life after life is being earned?" '
Upon hearing this the Prophet (saw) said;
"Inform that lady that she is among the workers of Allah, and she earns the rewards of half Jihad." (Kanz)

The Holy Prophet (saw) has said: "O men! There is a great reward in store for you in keeping affinity with the wife." (Ibn Hiban)

Narrated Abu Qatadah (ra): The Prophet (saw) said:
"When I stand for prayer, I intend to prolong it, but on hearing the cries of a child, I cut it short, as I dislike to trouble the child's mother." (Bukhari)

SPENDING

It is narrated by Abu-Darda (ra) that the Prophet (saw) instructed me: "Spend as much as possible upon your family (wife & children). . . " (Kanz)

A’isha (radi Allahu 'anhaa) said that

"A man does not become the head of the household until he gives up the concern (out of consideration for wife & children) about what he wore and what food he ate to satisfy his hunger. (Kanz)"

This makes the husband more like a servant of the household or his family, not the other way around.

Once the Holy Prophet (saw) was asked about the obligations of the husbands in relation to their wives, and he said,
"You should feed her if you eat; clothe her (in a suitable manner) if you clothe yourself; neither strike her on the face, nor use impolite language (when addressing her), nor separate from her except in the house (should it become necessary)." (Mishtat)

A man should give full maintenance happily, as Allah (swt) says:
"Let him who has wealth spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him (in an appropriately measured way). Allah asks not of any soul except that which he has given it. Allah promises after hardship there will be ease." (At-Talaq: 7)

No male has the authority to spend from the wealth and property of a female without her permission. Women remain completely financially independent and cannot be coerced in any way. Even in the event of divorce or their husband's death, women get their share of inheritance as stipulated by Islamic Law in the same way as men get their share. However, unlike men, women are not responsible for maintaining any relative, irrespective of their sound financial standing.

The husband is not at liberty to help his relatives at the detriment of his own family.
Narrated Abu Huraira (ra): Allah's Apostle Muhammad (saw) said,
"The best alms is that which you give when you are rich, and you should support your legal dependants first (wife & children)." (Bukhari)

Abu Huraira (ra) reported Allah's Messenger (saw) as saying:
"Of the dinar (money) that you spend as a contribution in Allah's path (Jihad), or to give freedom to a slave, or as charity given to a needy, or to support your family, the one yielding the greatest reward is that which you spent on your dependent family. (Muslim)

If the husband does not provide for his family, the wife can take of his wealth what is sufficient for her needs and the needs of her children, in a reasonable way.

This spending is on a husbands own responsibilities first i.e. wife & children, after that, everyone else, maintenance means of food, clothing, and independent residence. Each of the prophets wives had seperate homes, and all of the sahaba did this, even if they had 1 wife. It was only via permission from the wife that they would share homes with anyone.

SERVING PARENTS, IN-LAWS & SEPERATE RESIDENCE FREE FROM THEM

Allah (swt) says in the Quran,

"O you believe, obey Allah and obey the Messenger and then those in authority among you. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger if you believe in Allah and in the Last Day." (An Nisa:59)

A fundamental principle in Islam is that listening to parents, husbands, or anyone in authority is conditional upon the requested act being in accordance with what Allah(swt) and his messenger (saw) have commanded.

Prophet Muhammad (saw) said, "There is no obedience to creation, in disobedience to the Creator. Obedience is only in what is good." (narrated in Bukhari and Muslim)

Friendly treatment towards the wife's relatives is expected of the husband (and vice-versa), so much so that her senior relations should also be treated as his elders, like all elders (with respect). If the wife's parents are ill or incapacitated with no one to serve them, the wife has the right to look after them as often as required even if they are disbelievers. The husband has no right to prevent her from doing so.

Asma (ra) said,
"My mother who was a pagan, came with her father during the period of the peace treaty between the Muslims and the infidel Quraish. I went to seek the advice of the Prophet (saw) saying, My mother has arrived and she is hoping (for my favour)."
The Prophet (sallallaho alaihi wasallam) said,
"Yes, you must be good to your mother." (Bukhari)

Good treatment implies good behaviour; helping her financially; visiting her etc.

Sayyiduna Amr ibn al-Ahwas narrates a long Hadith in which he relates the sermon given by the Messenger of Allah (Allah bless him & give him peace) at the time of his farewell Hajj. From amongst the many advices given by the Messenger of Allah (Allah bless him & give him peace), he stated:

“Beware! I advise you to treat your women honourably, for these (honourable) women stay in (and are keeping) your homes. Other than this, you cannot demand anything from them except if they commit a manifest sin…” (Sunan Tirmidhi, no: 3087)

From the above Hadith and from other evidences from the Quran and Sunnah, the fuqahaa of the ahl as-Sunnah have deduced that the wife is not legally responsible for serving her in-laws, or obliged to share with them a home. She is obligated (in cases where she doesn't supplement the household income), to keep her husbands home which is her own home and all that relates to it, i.e housekeeping, and children. She is not obligated to do anything else, which is beyond the remit of the marriage between the two, the home, and children: the husband is not permitted to ask anything else of her. So if the husband commands her to work outside, even if he doesn't want the money from that work, or commands her to go out and buy a book for him from the bookshop, he is overstepping his charge, (although she would be petty not buying a book for him! LOL) - that example is for illustration purposes only! The husband cannot demand from her to take care of his own parents, that is not legally binding on her. Rather, the Hadith states that the husband cannot demand anything besides the fact that the woman looks after their own home & children.

A husband can provide a flat within the same house, or seperate secure & private quarters in a large house, with her own room enough to entertain her guests or family, her own kitchen, and bathroom, this is sufficient and counts as a sperate 'home' in the same house. It is also the husbands obligation to allow her parents to visit at least once a week.

Imam al-Haskafi states in Durr al-Mukhtar:
“It is necessary for the husband to provide the wife with a shelter (home) that is free from his and her family members…. taking into consideration both their economic standings. A separate quarter within the house that has a lock, separate bathroom and kitchen will be [minimally] sufficient.”

"The wife has a right to live (and demand to live) separately. It is the duty and responsibility of the husband to provide her with shelter (suknah). This shelter must, if she demands so, be free from the interference of any of the husband’s family members. The responsibility of the husband will be fulfilled if the wife is provided with a separate area within the house, and where she is able to keep her belongings and where none of the husband’s family members are able to enter" (Radd al-Muhtar 3/559-600)

Imam Ibn abideen (raheem Allah) states Regarding al-Haskafi’s statements
Regarding "separate bathroom and kitchen”, this may defer from one family to another. Poor people who normally share these things with other families may find it difficult to provide a seperate house with a separate bathroom and cooking area. Therefore, for them it will be sufficient to provide a separate quarters that has a lock” (Radd al-Muhtar 3/559-600).

Imam al-Kasani states in his Bada’i al-Sana’i:
“It is necessary to provide the wife with shelter as Allah Most High Says: “Let women lodge in the same style as you live according to your means. But do not burden/annoy them in way that restricts/harasses them” (al-Talaq, 6). If the husband desired her to live with his other wife, or his family members, such as: his mum, sister, daughter from another wife or relatives, and she refuses, then it will incumbent upon him to provide her with separate living quarters. The reason for this is that she considers it a possible annoyance/harassment in co-sharing, and her refusal is a sign of harm or annoyance and restriction as mentioned in the ayah (above). However if the husband provided her with a separate quarter in a large home, which has a separate lock, then she will not have right to demand for a total separate house” (Kasani, Bada’i al-Sana’i, Vol.4, P.23).

"It is the wife's right to be provided with a suitable residence which allows her comfort and privacy. To ensure the wife's independence, the Islamic Law (Shariah) has given her the exclusive right over her home, in that none of the husband's dependants or relatives may live in the same dwelling without her willingness and consent. Providing a separate dwelling may become mandatory even if the in-laws insist on living together. However if the parents are crippled, they may be included in the family" (Durr-al Mukhtar).

"It is the wife's right to be provided with a suitable residence which allows her comfort and privacy. To ensure the wife's independence, the Islamic Law (Shariah) has given her the exclusive right over her home, in that none of the husband's dependants or relatives may live in the same dwelling without her willingness and consent. Providing a separate dwelling may become mandatory even if the in-laws insist on living together. However if the parents are crippled, they may be included in the family (Durr-al Mukhtar - An authority in Hanafi Fiqh)

Mohammed ibn al adam al-kawthari says

"..There are many texts of the Qur’an and Sunnah emphasising the importance of looking after one’s parents, but we should remember that this is the duty of the son. The husband is responsible to look after his own parents and not enforce this duty upon his wife (& vice-versa). He most definitely does not have to send them to a nursing home; rather, he may provide a separate home for his wife and daily take care of the needs of his parents. He may even reside close to his parent’s home and spend a lot of time there. He should help in their daily affairs and take care of them. If his wife wishes to join in, she will be committing a great act of virtue but she cannot be forced. We need to always keep in mind the words of the Messenger of Allah (Allah bless him & give him peace) where he said that give each person the right they deserve. By doing so, we will have a more blissful, happy and pleasant atmosphere, Insha' Allah."

The husband is not at liberty to help his relatives at the detriment of his own wife & children. Narrated Abu Huraira (ra): Allah's Apostle (sallallaho alaihi wasallam) said,

"The best charity is that which you give when you are rich, and you should support your dependants first (wife & children, then others)." (Bukhari)

Abu Huraira (ra) reported Allah's Messenger (saw) as saying:

Of the dinar (money) that you spend as a contribution in Allah's path, or to set free a slave, or as charity given to the needy, or to support your family, the one yielding the greatest reward is that which you spent on your family (wife & children, then others). (Muslim)

and he (saw) also famously said,

"Beware, each of you is a guardian and each of you will be questioned about your wards. The man is the guardian of his family(wife & children) and will be answerable about every member of it. . . (Mishkat)

and the prophet (saw) also said:

The one to whom Allah entrusted the responsibility of supervision but he did not perform this duty satisfactorily, and did not impart good instructions; will not even smell the fragrance of Paradise. (Mishkat)

In the khutbah (sermon) of the farewell pilgrimage, the Prophet (saw) said:

"O, People! You have certain rights over your wives, and your wives have rights over you too....."

Hadrat Salman (Ra) said infront of the prophet:

“Give everyone who has a right; their full rights completely.”

The Messenger of Allah (saw) said: “Salman spoke the truth,” when he heard this.
(Sahih al-Bukhari and Sahih Muslim)

So it is not simply an issue of obedience within the mubah (allowed in Shariah), wives also have rights over thier husbands, and one of them is seperate residence, free from interference from her in-laws.


 
 

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